CLEAN COPY OF FINALLY ADOPTED REGULATION

State CEQA Guideline Section 15183.3. Streamlining for lnfill Projects

(a) Purpose. The purpose of this section is to streamline the environmental review process for

eligible infill projects by limiting the topics subject to review at the project level where the effects

of infill development have been addressed in a planning level decision or by uniformly

applicable development policies. (b) Eligibility. To be eligible for the streamlining procedures prescribed in this section, an infill

project must:

(1) Be located in an urban area on a site that either has been previously developed or that

adjoins existing qualified urban uses on at least seventy-five percent of the site's perimeter. For

the purpose of this subdivision "adjoin" means the infill project is immediately adjacent to

qualified urban uses, or is only separated from such uses by an improved public right-of-way;

(2) Satisfy the performance standards provided in Appendix M; and

(3) Be consistent with the general use designation, density, building intensity, and applicable

policies specified for the project area in either a sustainable communities strategy or an

alternative planning strategy, except as provided in subdivisions (b)(3)(A) or (b)(3)(B) below.

(A) Only where an infill project is proposed within the boundaries of a metropolitan planning

organization for which a sustainable communities strategy or an alternative planning strategy will

be, but is not yet, in effect, a residential infill project must have a density of at least 20 units per

acre, and a retail or commercial infill project must have a floor area ratio of at least 0.75.

(B) Where an infill project is proposed outside of the boundaries of a metropolitan planning

organization, the infill project must meet the definition of a small walkable community project in

subdivision (f)(5), below.

(c) Streamlined Review. CEQA does not apply to the effects of an eligible infill project under two

circumstances. First, if an effect was addressed as a significant effect in a prior EIR for a

planning level decision, then, with some exceptions, that effect need not be analyzed again for

an individual infill project even when that effect was not reduced to a less than significant level in

the prior EIR. Second, an effect need not be analyzed, even if it was not analyzed in a prior

EIR or is more significant than previously analyzed, if the lead agency makes a finding that

uniformly applicable development policies or standards, adopted by the lead agency or a city or

county, apply to the infill project and would substantially mitigate that effect. Depending on the

effects addressed in the prior EIR and the availability of uniformly applicable development

policies or standards that apply to the eligible infill project, streamlining under this section will

range from a complete exemption to an obligation to prepare a narrowed, project-specific

environmental document. A prior EIR will be most helpful in dealing with later infill projects if it

deals with the effects of infill development as specifically and comprehensively as possible. With

a good and detailed analysis of such development, the effects of many infill projects could be

found to have been addressed in the prior EIR, and no further environmental documents would

be required.

(d) Procedure. Following preliminary review of an infill project pursuant to Section 15060, the

lead agency must examine an eligible infill project in light of the prior EIR to determine whether

the infill project will cause any effects that require additional review under CEQA.

Determinations pursuant to this section are questions of fact to be resolved by the lead agency.

Such determinations must be supported with enough relevant information and reasonable

inferences from this information to support a conclusion, even though other conclusions might

also be reached. (See Section 15384.)(1) Evaluation of the lnfill Project. A lead agency should

prepare a written checklist or similar device to document the infill project's eligibility for

streamlining and to assist in making the determinations required by this section. The sample

written checklist provided in Appendix N may be used for this purpose. A written checklist

prepared pursuant to this section should do all of the following:

(A) Document whether the infill project satisfies the applicable performance standards in

Appendix M. (B) Explain whether the effects of the infill project were analyzed in a prior EIR. The written

checklist should cite the specific portions of the prior EIR, including page and section

references, containing the analysis of the infill project's significant effects. The written checklist

should also indicate whether the infill project incorporates all applicable mitigation measures

from the prior EIR.

(C) Explain whether the infill project will cause new specific effects. For the purposes of this

section, a new specific effect is an effect that was not addressed in the prior EIR and that is

specific to the infill project or the infill project site. A new specific effect may result if, for

example, the prior EIR stated that sufficient site-specific information was not available to analyze

the significance of that effect. Substantial changes in circumstances following certification of a

prior EIR may also result in a new specific effect.

(D) Explain whether substantial new information shows that the adverse environmental effects

of the infill project are more significant than described in the prior EIR. For the purpose of this

section, "more significant" means an effect will be substantially more severe than described in

the prior EIR. More significant effects include those that result from changes in circumstances

or changes in the development assumptions underlying the prior EIR's analysis. An effect is also

more significant if substantial new information shows that: (1) mitigation measures that were

previously rejected as infeasible are in fact feasible, and such measures are not included in the

project; (2) feasible mitigation measures considerably different than those previously analyzed

could substantially reduce a significant effect described in the prior EIR, but such measures are

not included in the project; or (3) an applicable mitigation measure was adopted in connection

with a planning level decision, but the lead agency determines that it is not feasible for the infill

project to implement that measure.

(E) If the infill project will cause new specific effects or more significant effects, the written

checklist should indicate whether uniformly applicable development policies or standards will

substantially mitigate those effects. For the purpose of this section, "substantially mitigate"

means that the policy or standard will substantially lessen the effect, but not necessarily below

the level of significance. The written checklist should specifically identify the uniformly applicable

development policy or standard and explain how it will substantially mitigate the effects of the

infill project. The explanation in the written checklist may be used to support the finding required

in subdivision (d)(2)(D) below.

(2) Environmental Document. After examining the effects of the infill project in light of the

analysis in a n y prior EIR and uniformly applicable development policies or standards, the lead

agency shall determine what type of environmental document shall be prepared for the infill

project.

(A) No Further Review. No additional environmental review is required if the infill project would

not cause any new specific effects or more significant effects, or if uniformly applicable

development policies or standards would substantially mitigate such effects. Where the lead

agency determines that no additional environmental review of the effects of the infill project is

required, the lead agency shall file a Notice of Determination as provided in Section 15094.

Where the lead agency finds that uniformly applicable development policies substantially mitigate

a significant effect of an infill project, the lead agency shall make the finding described in

subdivision (d)(2)(D).

(B) Negative Declaration, Mitigated Negative Declaration or Sustainable Communities

Environmental Assessment. If the infill project would result in new specific effects or more

significant effects, and uniformly applicable development policies or standards would not

substantially mitigate such effects, those effects shall be subject to CEQA. If a new specific

effect is less than significant, the lead agency may prepare a negative declaration. If new

specific effects or more significant effects can be mitigated to a less than significant level through

project changes agreed to prior to circulation of the written checklist, the lead agency may

prepare a mitigated negative declaration. In these circumstances, the lead agency shall follow

the procedure set forth in Sections 15072 to 15075. Alternatively, if the infill project is a transit

priority project, the lead agency may follow the procedures in Section 21155.2 of the Public

Resources Code. In either instance, the written checklist should clearly state which effects are

new or more significant, and are subject to CEQA, and which effects have been previously

analyzed and are not subject to further environmental review. Where the lead agency finds that

uniformly applicable development policies or standards substantially mitigate a significant effect

of an infill project, the lead agency shall make the finding described in subdivision (d)(2)(D).

(C) lnfill EIR. If the infill project would result in new specific effects or more significant effects,

and uniformly applicable development policies or standards would not substantially mitigate such

effects, those effects are subject to CEQA. With respect to those effects that are subject to

CEQA, the lead agency shall prepare an infill EIR if the written checklist shows that the effects of

the infill project would be potentially significant. In this circumstance, the lead agency shall

prepare an infill EIR as provided in subdivision (e) and, except as otherwise provided in this

section, shall follow the procedures in Article 7. Where the lead agency finds that uniformly

applicable development policies or standards substantially mitigate a significant effect of an infill

project, the lead agency shall make the finding described in subdivision (d)(2)(D).

(D) Findings. Any findings or statement of overriding considerations required by Sections 15091 or 15093 shall be limited to those effects analyzed in an infill EIR. Findings for such effects should incorporate by reference any such findings made in connection with a planning level decision. Where uniformly applicable development policies or standards substantially mitigate the significant effects of an infill project, the lead agency shall also make a written finding, supported with substantial evidence, providing a brief explanation of the rationale for the finding.

(e) lnfill EIR Contents. An infill EIR shall analyze only those significant effects that uniformly

applicable development policies or standards do not substantially mitigate, and that are either

new specific effects or are more significant than a prior EIR analyzed. All other effects of the

infill project should be described in the written checklist as provided in subdivision (d)(1), and

that written checklist should be circulated for public review along with the infill EIR. The written

checklist should clearly set forth those effects that are new specific effects, and are subject to

CEQA, and those effects which have been previously analyzed and are not subject to further

environmental review. The analysis of alternatives in an infill EIR need not address alternative

locations, densities, or building intensities. An infill EIR need not analyze growth inducing

impacts. Except as provided in this subdivision, an infill EIR shall contain all elements

described in Article 9.

(f) Terminology. The following definitions apply to this section:

(1) "lnfill project" includes the whole of an action consisting of residential, commercial, retail,

transit station, school, or public office building uses, or any combination of such uses that meet

the eligibility requirements set forth in subdivision (b). For retail and commercial projects, no

more than one half of the project area may be used for parking. "Transit station" means a rail or

light-rail station, ferry terminal, bus hub, bus transfer station, or bus stop, and includes all

streetscape improvements constructed in the public right-of-way within one-quarter mile of such

facility to improve multi-modal access to the facility, such as pedestrian and bicycle safety

improvements and traffic-calming design changes that support pedestrian and bicycle access.

(2) "Planning level decision" means the enactment or amendment of a general plan or any

general plan element, community plan, specific plan, or zoning code.

(3) "Prior EIR" means the environmental impact report certified for a planning level decision, as

supplemented by any subsequent or supplemental environmental impact reports, negative

declarations, or addenda to those documents.

(4) "Qualified urban use" is defined in Public Resources Code Section 21072.

(5) "Small walkable community project" means a project that is all of the following:

(A) In an incorporated city that is not within the boundary of metropolitan planning organization;

(B) Within an area of approximately one-quarter mile diameter of contiguous land that includes a

residential area adjacent to a retail downtown area and that is designated by the city for infill

development consisting of residential and commercial uses. A city may designate such an area

within its general plan, zoning code, or by any legislative act creating such a designation, and may

make such designation concurrently with project approval; and

(C) Either a residential project that has a density of at least eight units to the acre or a commercial

project with a floor area ratio of at least 0.5, or both.

(6) The terms "sustainable communities strategy" and "alternative planning strategy" refer to a

strategy for which the State Air Resources Board, pursuant to subparagraph (H) of paragraph (2) of

subdivision (b) of Section 65080 of the Government Code, has accepted a metropolitan planning

organization's determination that the sustainable communities strategy or the alternative planning

strategy would, if implemented, achieve its greenhouse gas emission reduction targets.

(7) "Uniformly applicable development policies or standards" are policies or standards adopted or

enacted by a city or county, or by a lead agency, that reduce one or more adverse environmental

effects. Examples of uniformly applicable development policies or standards include, but are not

limited to:

(A) Regulations governing construction activities, including noise regulations, dust control,

provisions for discovery of archeological and paleontological resources, stormwater runoff

treatment and containment, protection against the release of hazardous materials, recycling of

construction and demolition waste, temporary street closure and traffic rerouting, and similar

regulations.

(B) Requirements in locally adopted building, grading and stormwater codes.

(C) Design guidelines.

(D) Requirements for protecting residents from sources of air pollution including high volume

roadways and stationary sources.

(E) Impact fee programs to provide public improvements, police, fire, parks and other open space,

libraries and other public services and infrastructure, including transit, bicycle and pedestrian

infrastructure and traffic calming devices.

(F) Traffic impact fees.

(G) Requirements for reducing greenhouse gas emissions, as set forth in adopted land use plans,

policies, or regulations.

(H) Ordinances addressing protection of urban trees and historic resources.

(8) "Urban area" is defined in Public Resources Code Section 21094.5(e)(5).

Authority: Public Resources Code 21083, 21094.5.5

Reference: Public Resources Code Sections 21094.5 and 21094.5.5

Appendix M: Performance Standards for lnfill Projects Eligible for Streamlined Review I. Introduction

Section 15183.3 provides a streamlined review process for infill projects that satisfy specified

performance standards. This appendix contains those performance standards. The lead

agency's determination that the project satisfies the performance standards shall be

supported with substantial evidence, which should be documented on the lnfill Checklist in

Appendix N. Section II defines terms used in this Appendix. Performance standards that

apply to all project types are set forth in Section Ill. Section IV contains performance

standards that apply to particular project types (i.e., residential, commercial/retail, office

building, transit stations, and schools).

II. Definitions

The following definitions apply to the terms used in this Appendix. "High-quality transit corridor" means an existing corridor with fixed route bus service with

service intervals no longer than 15 minutes during peak commute hours. For the purposes of

this Appendix, an "existing stop along a high-quality transit corridor" may include a planned

and funded stop that is included in an adopted regional transportation improvement program.

Unless more specifically defined by an air district, city or county, "high-volume roadway"

means freeways, highways, urban roads with 100,000 vehicles per day, or rural roads with

50,000 vehicles per day.

"Low vehicle travel area" means a traffic analysis zone that exhibits a below average existing

level of travel as determined using a regional travel demand model. For residential projects,

travel refers to either home-based or household vehicle miles traveled per capita. For

commercial and retail projects, travel refers to non-work attraction trip length; however, where

such data are not available, commercial projects reference either home-based or household

vehicle miles traveled per capita. For office projects, travel refers to commute attraction

vehicle miles traveled per employee; however, where such data are not available, office

projects reference either home-based or household vehicle miles traveled per capita.

"Major Transit Stop" means a site containing an existing rail transit station, a ferry terminal

served by either a bus or rail transit service, or the intersection of two or more major bus

routes with frequencies of service intervals of 15 minutes or less during the morning and

afternoon peak commute periods. For the purposes of this Appendix, an "existing major

transit stop" may include a planned and funded stop that is included in an adopted regional

transportation improvement program.

"Office building" generally refers to centers for governmental or professional services; however, the lead agency shall have discretion in determining whether a project is "commercial" or "office building"

for the purposes of this Appendix based on local zoning codes.

"Significant sources of air pollution" include airports, marine ports, rail yards and dist ibution centers

that receive more than 100 heavy-duty truck visits per day, as well as stationary sources that are

designated major by the Clean Air Act.

A "Traffic Analysis Zone" is an analytical unit used by a travel demand model to estimate vehicle

travel within a region.

Ill. Performance Standards Related to Project Design

To be eligible for streamlining pursuant to Section 15183.3, a project must implement all of the

following:

Renewable Energy. All non-residential projects shall include on-site renewable power generation,

such as solar photovoltaic, solar thermal and wind power generation, or clean back­ up power

supplies, where feasible. Residential projects are also encouraged to include such

on-site renewable power generation. Soil and Water Remediation. If the project site is included on any list compiled pursuant to Section

65962.5 of the Government Code, the project shall document how it has remediated the site, if

remediation is completed. Alternatively, the project shall implement the

recommendations provided in a preliminary endangerment assessment or comparable document

that identifies remediation appropriate for the site.

Residential Units Near High-Volume Roadways and Stationary Sources. If a project includes

residential units located within 500 feet, or other distance determined to be appropriate by the local

agency or air district based on local conditions, of a high volume roadway or other significant

sources of air pollution, the project shall comply with any policies and standards identified in the local

general plan, specific plan, zoning code or community risk reduction plan for the protection of public

health from such sources of air pollution. If the local government has not adopted such plans or

policies, the project shall include measures, such as enhanced air filtration and project design, that

the lead agency finds, based on substantial evidence, will promote the protection of public health

from sources of air pollution. Those measure may include, among others, the recommendations of

the California Air Resources Board, air districts, and the California Air Pollution Control Officers

Association.

IV. Additional Performance Standards by Project Type

In addition to the project features described above in Section Ill, specific eligibility requirements are

provided below by project type.

Several of the performance standards below refer to "low vehicle travel areas". Such areas can be

illustrated on maps based on data developed by the regional Metropolitan Planning Organization

(MPO) using its regional travel demand model.

Several of the performance standards below refer to distance to transit. Distance should be

calculated so that at least 75 percent of the surface area of the project site is within the specified

distance.

A. Residential

To be eligible for streamlining pursuant to Section 15183.3, a project must satisfy one of the

following: ·

Projects achieving below average regional per capita vehicle miles traveled (VMT). A residential project is eligible if it is located in a "low vehicle travel area" within the region. Projects located within % mile of an Existing Major Transit Stop or High Quality Transit

Corridor. A residential project is eligible if it is located within Yz mile of an existing major transit stop

or an existing stop along a high quality transit corridor.

Low-Income Housing. A residential or mixed-use project consisting of 300 or fewer residential units

all of which are affordable to low income households is eligible if the developer of the development

project provides sufficient legal commitments to the lead agency to ensure the continued availability

and use of the housing units for lower income households, as defined in Section 50079.5 of the

Health and Safety Code, for a period of at least 30 years, at monthly housing costs, as determined

pursuant to Section 50053 of the Health and Safety Code.

B. Commercial/Retail

To be eligible for streamlining pursuant to Section 15183.3, a project must satisfy one of the

following:

Regional Location. A commercial project with no single-building floor-plate greater than

50,000 square feet is eligible if it locates in a "low vehicle travel area." Proximity to Households. A project with no single-building floor-plate greater than 50,000 square

feet located within one-half mile of 1800 households is eligible.

C. Office Building To be eligible for streamlining pursuant to Section 15183.3, a project must satisfy one of the

following: Regional Location. Office buildings, both commercial and public, are eligible if they. locate in a low

vehicle travel area.

Proximity to a Major Transit Stop. Office buildings, both commercial and public, within % mile of

an existing major transit stop, or X mile of an existing stop along a high quality transit

corridor, are eligible. D. Transit Transit stations, as defined in Section 15183.3(e)(1), are eligible. E. Schools Elementary schools within one mile of fifty percent of the projected student population are eligible.

Middle schools and high schools within two miles of fifty percent of the projected student population

are eligible. Alternatively, any school within % mile of an existing major transit stop or an existing

stop along a high quality transit corridor is eligible.

Additionally, in order to be eligible, all schools shall provide parking and storage for bicycles and

scooters and shall comply with the requirements in Sections 17213, 17213.1 and 17213.2 of the

California Education Code.

F. Small Walkable Community Projects Small walkable community projects, as defined in Section 15183.3, subdivision (e)(6), that

implement the project features described in Section Ill above are eligible.

G. Mixed-Use Projects

Where a project includes some combination of residential, commercial and retail, office building,

transit station, and/or schools, the performance standards in this Section that apply to the

predominant use shall govern the entire project.

Authority: Public Resources Code 21083, 21094.5.5 Reference: Public Resources Code Sections 21094.5 and 21094.5.5

Proposed Appendix N: Infill Environmental Checklist form

NOTE: This sample form is intended to assist lead agencies in assessing infill projects according to the procedures provided in Section 21094.5 of the

Public Resources Code. Lead agencies may customize this form as appropriate, provided that the content satisfies the requirements in Section 15183.3

of the CEQA Guidelines.

1. Project title: _________________________________________________________________

2. Lead agency name and address:

______________________________________________________________________________________________________________________

______________________________________________________________________________________________________________

3. Contact person and phone number: _______________________________________________

4. Project location: ______________________________________________________________

5. Project sponsor's name and address:

______________________________________________________________________________________________________________________

______________________________________________________________________________________________________________

6. General plan designation: _______________________ 7. Zoning: ____________________

8. Prior Environmental Document(s) Analyzing the Effects of the Infill Project (including State Clearinghouse Number if

assigned):_______________________________________________

____________________________________________________________________________

9. Location of Prior Environmental Document(s) Analyzing the Effects of the Infill Project:

______________________________________________________________________________________________________________________

__________________________________

10. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-

site features necessary for its implementation. Attach additional sheets if necessary.)

______________________________________________________________________________________________________________________

______________________________________________________________________________________________________________________

____________________________________________________________________

11. Surrounding land uses and setting: Briefly describe the project's surroundings, including any prior uses of the project site, or, if vacant, describe the

urban uses that exist on at least 75% of the project’s perimeter:

______________________________________________________________________________________________________________________

______________________________________________________________________________________________________________________

____________________________________________________________________

12. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.)

______________________________________________________________________________________________________________________

______________________________________________________________________________________________________________________

____________________________________________________________________

SATISFACTION OF APPENDIX M PERFORMANCE STANDARDS

Provide the information demonstrating that the infill project satisfies the performance standards in Appendix M below. For mixed-use projects, the

predominant use will determine which performance standards apply to the entire project.

1. Does the non-residential infill project include a renewable energy feature? If so, describe below. If not, explain below why it is not feasible to do so.

_________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________

______________________________________________________________

2. If the project site is included on any list compiled pursuant to Section 65962.5 of the Government Code, either provide documentation of remediation

or describe the recommendations provided in a preliminary endangerment assessment or comparable document that will be implemented as part of the

project.

_________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________

______________________________________________________________

3. If the infill project includes residential units located within 500 feet, or such distance that the local agency or local air district has determined is

appropriate based on local conditions, a high volume roadway or other significant source of air pollution, as defined in Appendix M, describe the

measures that the project will implement to protect public health. Such measures may include policies and standards identified in the local general plan,

specific plans, zoning code or community risk reduction plan, or measures recommended in a health risk assessment, to promote the protection of public

health. Identify the policies or standards, or refer to the site specific analysis, below. (Attach additional sheets if necessary.)

_________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________

______________________________________________________________

4. For residential projects, the project satisfies which of the following?

Located within a low vehicle travel area, as defined in Appendix M. (Attach VMT map.)

Located within ½ mile of an existing major transit stop or an existing stop along a high quality transit corridor. (Attach map illustrating proximity to

transit.)

Consists of 300 or fewer units that are each affordable to low income households. (Attach evidence of legal commitment to ensure the continued

availability and use of the housing units for lower income households, as defined in Section 50079.5 of the Health and Safety Code, for a period of at

least 30 years, at monthly housing costs, as determined pursuant to Section 50053 of the Health and Safety Code.)

5. For commercial projects with a single building floor-plate below 50,000 square feet, the project satisfies which of the following?

Located within a low vehicle travel area, as defined in Appendix M. (Attach VMT map.)

The project is within one-half mile of 1800 dwelling units. (Attach map illustrating proximity to households.)

6. For office building projects, the project satisfies which of the following?

Located within a low vehicle travel area, as defined in Appendix M. (Attach VMT map.)

Located within ½ mile of an existing major transit stop or within ¼ of a stop along a high quality transit corridor. (Attach map illustrating proximity

to transit.)

7. For school projects, the project does all of the following:

The project complies with the requirements in Sections 17213, 17213.1 and 17213.2 of the California Education Code.

The project is an elementary school and is within one mile of 50% of the student population, or is a middle school or high school and is within two

miles of 50% of the student population. Alternatively, the school is within ½ mile of an existing major transit stop or an existing stop along a high quality

transit corridor. (Attach map and methodology.)

The project provides parking and storage for bicycles and scooters.

8. For small walkable community projects, the project must be a residential project that has a density of at least eight units to the acre or a

commercial project with a floor area ratio of at least 0.5, or both.

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:

The infill project could potentially result in one or more of the following environmental effects.

Aesthetics Agriculture and Forestry Resources Air Quality

Biological Resources Cultural Resources Geology /Soils

Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology / Water Quality

Land Use / Planning Mineral Resources Noise

Population / Housing Public Services Recreation

Transportation/Traffic Utilities / Service Systems Mandatory Findings of Significance

DETERMINATION: (To be completed by the Lead Agency)

On the basis of this initial evaluation:

I find that the proposed infill project WOULD NOT have any significant effects on the environment that either have not already been analyzed in a

prior EIR or that are more significant than previously analyzed, or that uniformly applicable development policies would not substantially mitigate.

Pursuant to Public Resources Code Section 21094.5, CEQA does not apply to such effects. A Notice of Determination (Section 15094) will be filed.

I find that the proposed infill project will have effects that either have not been analyzed in a prior EIR, or are more significant than described in the

prior EIR, and that no uniformly applicable development policies would substantially mitigate such effects. With respect to those effects that are subject

to CEQA, I find that such effects WOULD NOT be significant and a NEGATIVE DECLARATION, or if the project is a Transit Priority Project a

SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT, will be prepared.

I find that the proposed infill project will have effects that either have not been analyzed in a prior EIR, or are more significant than described in the

prior EIR, and that no uniformly applicable development policies would substantially mitigate such effects. I find that although those effects could be

significant, there will not be a significant effect in this case because revisions in the infill project have been made by or agreed to by the project

proponent. A MITIGATED NEGATIVE DECLARATION, or if the project is a Transit Priority Project a SUSTAINABLE COMMUNITIES ENVIRONMENTAL

ASSESSMENT, will be prepared.

I find that the proposed infill project would have effects that either have not been analyzed in a prior EIR, or are more significant than described in

the prior EIR, and that no uniformly applicable development policies would substantially mitigate such effects. I find that those effects WOULD be

significant, and an infill ENVIRONMENTAL IMPACT REPORT is required to analyze those effects that are subject to CEQA.

Signature Date

EVALUATION OF THE ENVIRONMENTAL IMPACTS OF INFILL PROJECTS:

1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead

agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources

show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact"

answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive

receptors to pollutants, based on a project-specific screening analysis).

2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as

well as direct, and construction as well as operational impacts.

3) For the purposes of this checklist, “prior EIR” means the environmental impact report certified for a planning level decision, as supplemented by

any subsequent or supplemental environmental impact reports, negative declarations, or addenda to those documents. “Planning level decision”

means the enactment or amendment of a general plan, community plan, specific plan, or zoning code. (Section 15183.3(e).)

4) Once the lead agency has determined that a particular physical impact may occur as a result of an infill project, then the checklist answers must

indicate whether that impact has already been analyzed in a prior EIR. If the effect of the infill project is not more significant than what has

already been analyzed, that effect of the infill project is not subject to CEQA. The brief explanation accompanying this determination should

include page and section references to the portions of the prior EIR containing the analysis of that effect. The brief explanation shall also

indicate whether the prior EIR included any mitigation measures to substantially lessen that effect and whether those measures have been

incorporated into the infill project.

5) If the infill project would cause a significant adverse effect that either is specific to the project or project site and was not analyzed in a prior EIR,

or is more significant than what was analyzed in a prior EIR, the lead agency must determine whether uniformly applicable development policies

or standards that have been adopted by the lead agency, or city or county, would substantially mitigate that effect. If so, the checklist shall

explain how the infill project’s implementation of the uniformly applicable development policies will substantially mitigate that effect. That effect

of the infill project is not subject to CEQA if the lead agency makes a finding, based upon substantial evidence, that the development policies or

standards will substantially mitigate that effect.

6) If all effects of an infill project were either analyzed in a prior EIR or are substantially mitigated by uniformly applicable development policies or

standards, CEQA does not apply to the project, and the lead agency shall file a Notice of Determination.

7) Effects of an infill project that either have not been analyzed in a prior EIR, or that uniformly applicable development policies or standards do not

substantially mitigate, are subject to CEQA. With respect to those effects of the infill project that are subject to CEQA, the checklist shall indicate

whether those effects are significant, less than significant with mitigation, or less than significant. If there are one or more " Significant Impact"

entries when the determination is made, an infill EIR is required. The infill EIR should be limited to analysis of those effects determined to be

significant. (Sections 15128, 15183.3(d).)

8) "Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures will reduce an effect of an infill

project that is subject to CEQA from " Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation

measures, and briefly explain how those measures reduce the effect to a less than significant level. If the effects of an infill project that are

subject to CEQA are less than significant with mitigation incorporated, the lead agency may prepare a Mitigated Negative Declaration. If all of

the effects of the infill project that are subject to CEQA are less than significant, the lead agency may prepare a Negative Declaration.

9) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the

questions from this checklist that are relevant to an infill project's environmental effects in whatever format is selected.

10) The explanation of each issue should identify:

a) the significance criteria or threshold, if any, used to evaluate each question; and

b) the mitigation measure identified, if any, to reduce the impact to less than significance.

SAMPLE QUESTIONS

Issues:

Significant Impact

Less Than

Significant or Less

than Significant with

Mitigation

Incorporated No Impact

Analyzed in the

Prior EIR

Substantially

Mitigated by

Uniformly

Applicable

Development

Policies

I. AESTHETICS. Would the project:

a) Have a substantial adverse effect on a scenic

vista?

b) Substantially damage scenic resources,

including, but not limited to, trees, rock

outcroppings, and historic buildings within a

state scenic highway?

c) Substantially degrade the existing visual

character or quality of the site and its

surroundings?

d) Create a new source of substantial light or

glare which would adversely affect day or

nighttime views in the area?

II. AGRICULTURE AND FORESTRY

RESOURCES. In determining whether impacts

to agricultural resources are significant

Significant Impact

Less Than

Significant or Less

than Significant with

Mitigation

Incorporated No Impact

Analyzed in the

Prior EIR

Substantially

Mitigated by

Uniformly

Applicable

Development

Policies

environmental effects, lead agencies may refer

to the California Agricultural Land Evaluation

and Site Assessment Model (1997) prepared by

the California Dept. of Conservation as an

optional model to use in assessing impacts on

agriculture and farmland. In determining

whether impacts to forest resources, including

timberland, are significant environmental

effects, lead agencies may refer to information

compiled by the California Department of

Forestry and Fire Protection regarding the

state’s inventory of forest land, including the

Forest and Range Assessment Project and the

Forest Legacy Assessment project; and forest

carbon measurement methodology provided in

Forest Protocols adopted by the California Air

Resources Board. Would the project:

Significant Impact

Less Than

Significant or Less

than Significant with

Mitigation

Incorporated No Impact

Analyzed in the

Prior EIR

Substantially

Mitigated by

Uniformly

Applicable

Development

Policies

a) Convert Prime Farmland, Unique Farmland,

or Farmland of Statewide Importance

(Farmland), as shown on the maps prepared

pursuant to the Farmland Mapping and

Monitoring Program of the California Resources

Agency, to non-agricultural use?

b) Conflict with existing zoning for agricultural

use, or a Williamson Act contract?

c) Conflict with existing zoning for, or cause

rezoning of, forest land (as defined in Public

Resources Code section 12220(g)), timberland

(as defined by Public Resources Code section

4526), or timberland zoned Timberland

Production (as defined by Government Code

section 51104(g))?

d) Result in the loss of forest land or conversion

of forest land to non-forest use?

e) Involve other changes in the existing

environment which, due to their location or

nature, could result in conversion of Farmland,

to non-agricultural use or conversion of forest

land to non-forest use?

III. AIR QUALITY. Where available, the

significance criteria established by the

applicable air quality management or air

pollution control district may be relied upon to

make the following determinations. Would the

project:

a) Conflict with or obstruct implementation of the

applicable air quality plan?

b) Violate any air quality standard or contribute

substantially to an existing or projected air

quality violation?

c) Result in a cumulatively considerable net

increase of any criteria pollutant for which the

project region is non-attainment under an

applicable federal or state ambient air quality

standard (including releasing emissions which

exceed quantitative thresholds for ozone

precursors)?

d) Expose sensitive receptors to substantial

pollutant concentrations?

e) Create objectionable odors affecting a

Significant Impact

Less Than

Significant or Less

than Significant with

Mitigation

Incorporated No Impact

Analyzed in the

Prior EIR

Substantially

Mitigated by

Uniformly

Applicable

Development

Policies

substantial number of people?

IV. BIOLOGICAL RESOURCES:

Would the project:

a) Have a substantial adverse effect, either

directly or through habitat modifications, on any

species identified as a candidate, sensitive, or

special status species in local or regional plans,

policies, or regulations, or by the California

Department of Fish and Game or U.S. Fish and

Wildlife Service?

b) Have a substantial adverse effect on any

riparian habitat or other sensitive natural

community identified in local or regional plans,

policies, regulations or by the California

Department of Fish and Game or US Fish and

Wildlife Service?

c) Have a substantial adverse effect on federally

protected wetlands as defined by Section 404 of

the Clean Water Act (including, but not limited

to, marsh, vernal pool, coastal, etc.) through

direct removal, filling, hydrological interruption,

or other means?

d) Interfere substantially with the movement of

any native resident or migratory fish or wildlife

species or with established native resident or

migratory wildlife corridors, or impede the use of

native wildlife nursery sites?

e) Conflict with any local policies or ordinances

protecting biological resources, such as a tree

preservation policy or ordinance?

f) Conflict with the provisions of an adopted

Habitat Conservation Plan, Natural Community

Conservation Plan, or other approved local,

regional, or state habitat conservation plan?

Significant Impact

Less Than

Significant or Less

than Significant with

Mitigation

Incorporated No Impact

Analyzed in the

Prior EIR

Substantially

Mitigated by

Uniformly

Applicable

Development

Policies

V. CULTURAL RESOURCES. Would the

project:

a) Cause a substantial adverse change in the

significance of a historical resource as defined

in § 15064.5?

b) Cause a substantial adverse change in the

significance of an archaeological resource

pursuant to § 15064.5?

c) Directly or indirectly destroy a unique

paleontological resource or site or unique

geologic feature?

d) Disturb any human remains, including those

interred outside of formal cemeteries?

VI. GEOLOGY AND SOILS. Would the project:

a) Expose people or structures to potential

substantial adverse effects, including the risk of

loss, injury, or death involving:

i) Rupture of a known earthquake fault, as

delineated on the most recent Alquist-Priolo

Earthquake Fault Zoning Map issued by the

State Geologist for the area or based on other

substantial evidence of a known fault? Refer to

Division of Mines and Geology Special

Publication 42.

ii) Strong seismic ground shaking?

iii) Seismic-related ground failure, including

liquefaction?

iv) Landslides?

b) Result in substantial soil erosion or the loss

of topsoil?

c) Be located on a geologic unit or soil that is

unstable, or that would become unstable as a

result of the project, and potentially result in on-

or off-site landslide, lateral spreading,

subsidence, liquefaction or collapse?

Significant Impact

Less Than

Significant or Less

than Significant with

Mitigation

Incorporated No Impact

Analyzed in the

Prior EIR

Substantially

Mitigated by

Uniformly

Applicable

Development

Policies

d) Be located on expansive soil, as defined in

Table 18-1-B of the Uniform Building Code

(1994), creating substantial risks to life or

property?

e) Have soils incapable of adequately

supporting the use of septic tanks or alternative

waste water disposal systems where sewers are

not available for the disposal of waste water?

VII. GREENHOUSE GAS EMISSIONS. Would

the project:

a) Generate greenhouse gas emissions, either

directly or indirectly, that may have a significant

impact on the environment?

b) Conflict with an applicable plan, policy or

regulation adopted for the purpose of reducing

the emissions of greenhouse gases?

VIII. HAZARDS AND HAZARDOUS

MATERIALS. Would the project:

a) Create a significant hazard to the public or

the environment through the routine transport,

use, or disposal of hazardous materials?

b) Create a significant hazard to the public or

the environment through reasonably

foreseeable upset and accident conditions

involving the release of hazardous materials

into the environment?

c) Emit hazardous emissions or handle

hazardous or acutely hazardous materials,

substances, or waste within one-quarter mile of

an existing or proposed school?

d) Be located on a site which is included on a

list of hazardous materials sites compiled

pursuant to Government Code Section 65962.5

and, as a result, would it create a significant

hazard to the public or the environment?

Significant Impact

Less Than

Significant or Less

than Significant with

Mitigation

Incorporated No Impact

Analyzed in the

Prior EIR

Substantially

Mitigated by

Uniformly

Applicable

Development

Policies

e) For a project located within an airport land

use plan or, where such a plan has not been

adopted, within two miles of a public airport or

public use airport, would the project result in a

safety hazard for people residing or working in

the project area?

f) For a project within the vicinity of a private

airstrip, would the project result in a safety

hazard for people residing or working in the

project area?

g) Impair implementation of or physically

interfere with an adopted emergency response

plan or emergency evacuation plan?

h) Expose people or structures to a significant

risk of loss, injury or death involving wildland

fires, including where wildlands are adjacent to

urbanized areas or where residences are

intermixed with wildlands?

IX. HYDROLOGY AND WATER QUALITY.

Would the project:

a) Violate any water quality standards or waste

discharge requirements?

b) Substantially deplete groundwater supplies or

interfere substantially with groundwater

recharge such that there would be a net deficit

in aquifer volume or a lowering of the local

groundwater table level (e.g., the production

rate of pre-existing nearby wells would drop to a

level which would not support existing land uses

or planned uses for which permits have been

granted)?

c) Substantially alter the existing drainage

pattern of the site or area, including through the

alteration of the course of a stream or river, in a

manner which would result in substantial

erosion or siltation on- or off-site?

Significant Impact

Less Than

Significant or Less

than Significant with

Mitigation

Incorporated No Impact

Analyzed in the

Prior EIR

Substantially

Mitigated by

Uniformly

Applicable

Development

Policies

d) Substantially alter the existing drainage

pattern of the site or area, including through the

alteration of the course of a stream or river, or

substantially increase the rate or amount of

surface runoff in a manner which would result in

flooding on- or off-site?

e) Create or contribute runoff water which would

exceed the capacity of existing or planned

stormwater drainage systems or provide

substantial additional sources of polluted

runoff?

f) Otherwise substantially degrade water

quality?

g) Place housing within a 100-year flood hazard

area as mapped on a federal Flood Hazard

Boundary or Flood Insurance Rate Map or other

flood hazard delineation map?

h) Place within a 100-year flood hazard area

structures which would impede or redirect flood

flows?

i) Expose people or structures to a significant

risk of loss, injury or death involving flooding,

including flooding as a result of the failure of a

levee or dam?

j) Inundation by seiche, tsunami, or mudflow?

X. LAND USE AND PLANNING. Would the

project:

a) Physically divide an established community?

b) Conflict with any applicable land use plan,

policy, or regulation of an agency with

jurisdiction over the project (including, but not

limited to the general plan, specific plan, local

coastal program, or zoning ordinance) adopted

for the purpose of avoiding or mitigating an

environmental effect?

Significant Impact

Less Than

Significant or Less

than Significant with

Mitigation

Incorporated No Impact

Analyzed in the

Prior EIR

Substantially

Mitigated by

Uniformly

Applicable

Development

Policies

c) Conflict with any applicable habitat

conservation plan or natural community

conservation plan?

XI. MINERAL RESOURCES. Would the project:

a) Result in the loss of availability of a known

mineral resource that would be of value to the

region and the residents of the state?

b) Result in the loss of availability of a locally-

important mineral resource recovery site

delineated on a local general plan, specific plan

or other land use plan?

XII. NOISE -- Would the project result in:

a) Exposure of persons to or generation of

noise levels in excess of standards established

in the local general plan or noise ordinance, or

applicable standards of other agencies?

b) Exposure of persons to or generation of

excessive groundborne vibration or

groundborne noise levels?

c) A substantial permanent increase in ambient

noise levels in the project vicinity above levels

existing without the project?

d) A substantial temporary or periodic increase

in ambient noise levels in the project vicinity

above levels existing without the project?

e) For a project located within an airport land

use plan or, where such a plan has not been

adopted, within two miles of a public airport or

public use airport, would the project expose

people residing or working in the project area to

excessive noise levels?

f) For a project within the vicinity of a private

airstrip, would the project expose people

residing or working in the project area to

excessive noise levels?

Significant Impact

Less Than

Significant or Less

than Significant with

Mitigation

Incorporated No Impact

Analyzed in the

Prior EIR

Substantially

Mitigated by

Uniformly

Applicable

Development

Policies

XIII. POPULATION AND HOUSING. Would the

project:

a) Induce substantial population growth in an

area, either directly (for example, by proposing

new homes and businesses) or indirectly (for

example, through extension of roads or other

infrastructure)?

b) Displace substantial numbers of existing

housing, necessitating the construction of

replacement housing elsewhere?

c) Displace substantial numbers of people,

necessitating the construction of replacement

housing elsewhere?

XIV. PUBLIC SERVICES.

a) Would the project result in substantial

adverse physical impacts associated with the

provision of new or physically altered

governmental facilities, need for new or

physically altered governmental facilities, the

construction of which could cause significant

environmental impacts, in order to maintain

acceptable service ratios, response times or

other performance objectives for any of the

public services:

Fire protection?

Police protection?

Schools?

Parks?

Other public facilities?

XV. RECREATION.

a) Would the project increase the use of existing

neighborhood and regional parks or other

recreational facilities such that substantial

physical deterioration of the facility would occur

or be accelerated?

Significant Impact

Less Than

Significant or Less

than Significant with

Mitigation

Incorporated No Impact

Analyzed in the

Prior EIR

Substantially

Mitigated by

Uniformly

Applicable

Development

Policies

b) Does the project include recreational facilities

or require the construction or expansion of

recreational facilities which might have an

adverse physical effect on the environment?

XVI. TRANSPORTATION/TRAFFIC. Would the

project:

a) Conflict with an applicable plan, ordinance or

policy establishing measures of effectiveness

for the performance of the circulation system,

taking into account all modes of transportation

including mass transit and non-motorized travel

and relevant components of the circulation

system, including but not limited to

intersections, streets, highways and freeways,

pedestrian and bicycle paths, and mass transit?

b) Conflict with an applicable congestion

management program, including, but not limited

to level of service standards and travel demand

measures, or other standards established by

the county congestion management agency for

designated roads or highways?

c) Result in a change in air traffic patterns,

including either an increase in traffic levels or a

change in location that results in substantial

safety risks?

d) Substantially increase hazards due to a

design feature (e.g., sharp curves or dangerous

intersections) or incompatible uses (e.g., farm

equipment)?

e) Result in inadequate emergency access?

f) Conflict with adopted policies, plans, or

programs regarding public transit, bicycle, or

pedestrian facilities, or otherwise decrease the

performance or safety of such facilities?

Significant Impact

Less Than

Significant or Less

than Significant with

Mitigation

Incorporated No Impact

Analyzed in the

Prior EIR

Substantially

Mitigated by

Uniformly

Applicable

Development

Policies

XVII. UTILITIES AND SERVICE SYSTEMS.

Would the project:

a) Exceed wastewater treatment requirements

of the applicable Regional Water Quality Control

Board?

b) Require or result in the construction of new

water or wastewater treatment facilities or

expansion of existing facilities, the construction

of which could cause significant environmental

effects?

c) Require or result in the construction of new

storm water drainage facilities or expansion of

existing facilities, the construction of which

could cause significant environmental effects?

d) Have sufficient water supplies available to

serve the project from existing entitlements and

resources, or are new or expanded entitlements

needed?

e) Result in a determination by the wastewater

treatment provider which serves or may serve

the project that it has adequate capacity to

serve the project’s projected demand in addition

to the provider’s existing commitments?

f) Be served by a landfill with sufficient permitted

capacity to accommodate the project’s solid

waste disposal needs?

g) Comply with federal, state, and local statutes

and regulations related to solid waste?

XVIII. MANDATORY FINDINGS OF

SIGNIFICANCE.

a) Does the project have the potential to

degrade the quality of the environment,

substantially reduce the habitat of a fish or

wildlife species, cause a fish or wildlife

population to drop below self-sustaining levels,

threaten to eliminate a plant or animal

community, reduce the number or restrict the

range of a rare or endangered plant or animal or

eliminate important examples of the major

periods of California history or prehistory?

b) Does the project have impacts that are

individually limited, but cumulatively

considerable? ("Cumulatively considerable"

means that the incremental effects of a project

Significant Impact

Less Than

Significant or Less

than Significant with

Mitigation

Incorporated No Impact

Analyzed in the

Prior EIR

Substantially

Mitigated by

Uniformly

Applicable

Development

Policies

are considerable when viewed in connection

with the effects of past projects, the effects of

other current projects, and the effects of

probable future projects)?

c) Does the project have environmental effects

which will cause substantial adverse effects on

human beings, either directly or indirectly?

Authority: Public Resources Code 21083, 21094.5.5

Reference: Public Resources Code Sections 21094.5 and 21094.5.5